IN THE CASE OF:
BOARD DATE: 18 December 2014
DOCKET NUMBER: AR20140007865
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his:
* last deployment to Afghanistan from 6 September 2012 to 14 May 2013
* award of an Army Commendation Medal (ARCOM) 2nd Oak Leaf Cluster
2. The applicant states both of the items above are missing from his DD Form 214.
3. The applicant provides a DD Form 214, orders, and a DA Form 638 (Recommendation for Award).
CONSIDERATION OF EVIDENCE:
1. He enlisted in the Regular Army, on 7 August 2006, and after initial training, he held military occupational specialty 13B (Cannon Crewmember).
2. Records show he participated in three deployments:
* Iraq - 25 September 2007 to 8 November 2008
* Afghanistan - 31 January 2010 to 29 January 2011
* Afghanistan - 17 September 2012 to 22 May 2013
3. He received three awards of the ARCOM, issued as follows:
* Permanent Order (PO) 268-261, Headquarters, 3rd Brigade Combat Team, 101st Airborne Division, on 24 September 2008, for meritorious service from 27 September 2007 to 22 November 2008
* PO Number 074-011, Task Force Rakkasan, on or about 22 May 2013, for meritorious service from 8 September 2012 to 22 May 2013
* PO Number 253-006, Headquarters, 3rd Brigade Combat Team, 101st Airborne Division, on 11 September 2013, for meritorious service from 20 December 2006 to 1 October 2013 (DA Form 638 provided by the applicant)
4. The DA Form 638 provided by the applicant shows the ARCOM he requests to be added to the DD Form 214 is a third award.
5. His Enlisted Record Brief shows in Section VIII (Awards and Decorations) three awards of the ARCOM. It does not show his deployment to Afghanistan for the period 17 September 2012 through 22 May 2013.
6. He was honorably released from active duty on 28 October 2013. His
DD Form 214 shows in:
* Item 12f (Foreign Service) - "0002-01-13"
* Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) three awards of the ARCOM
* Item 18 (Remarks) his service in Iraq from 20070925 to 20081108 and Afghanistan from 20100131 to 20110129
7. According to the Defense Finance and Accounting Service (DFAS), the applicant received Hostile Fire/Imminent Danger Pay and Combat Zone Tax Exclusion for the period 17 September 2012 through 22 May 2013 for service in Afghanistan.
8. Army Regulation 635-5 (Separation Documents), in effect at the time, established the standardized policy for preparing and distributing the DD Form 214. Chapter 2 contains guidance for preparation of the DD Form
214. It states that for block 12f enter the total active duty performed outside the continental United States during the period covered by the DD Form 214; for item 13 list all awards and decorations from the Soldier's records; and for block 18, for Soldier deployed with his or her unit during their continuous period of active service, enter a statement "SERVICE IN (name of country deployed) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)."
9. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. An oak leaf cluster denotes award of second and succeeding awards of the ARCOM.
DISCUSSION AND CONCLUSIONS:
1. The applicant completed three periods of foreign service. He served in Iraq from 25 September 2007 to 8 November 2008 and in Afghanistan from 31 January 2010 to 29 January 2011, for a total of 2 years, 1 month, and
13 days. DFAS records also show he served in Afghanistan from 17 September 2012 to 22 May 2013, a period of 8 months and 6 days. Therefore, item 12f of his DD Form 214 should be corrected to show a total of 2 years, 9 months, and 19 days.
2. Although his first and second deployments to Iraq and Afghanistan are listed in item 18 of his DD Form 214, his third deployment to Afghanistan from
17 September 2012 to 22 May 2013 is not. Therefore, his DD Form 214 should be corrected to list his third deployment.
3. PO provided by the applicant shows an ARCOM, 2nd Oak Leaf Cluster, or third award. The Enlisted Record Brief shows three ARCOMs, as does the
DD Form 214. The available record only shows two other ARCOM certificates; therefore, suggesting the applicant received a total of three ARCOMs. This is correctly listed on his DD Form 214 and there is no further correction required.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
____X____ ___X_____ ____X____ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the following to his DD Form 214:
* deleting from item 12f the entry "0002-01-13" and adding the
entry "0002-09-19"
* adding, in addition to the existing entries in item 18, the entry "Service in Afghanistan from 20120917-20130522"
2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to correcting item 18 to show "Service in Afghanistan from 20120906-20130514."
_______ _ _X______ ___
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont) AR20140007865
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ABCMR Record of Proceedings (cont) AR20140007865
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